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Federal Employers Liability Act (FELA) Railroads are a highly-risk industry which can cause serious injuries. These injuries can range from accidents on trains to asbestos-related illnesses like mesothelioma. If you've been injured at work and you're not sure what to do, seek legal advice from a Tennessee FELA attorney. FELA is a law that allows employees who have suffered injuries from their employer to sue them for negligence. In contrast to the state's laws on worker's compensation, FELA claims require proof of the employer's fault. FELA is a federal statute FELA allows railroad employees to seek compensation for injuries they suffer on the job. This law permits railroad workers who have been injured to sue their employers for injuries caused by the negligence of the company. Injured workers are entitled to compensation for past and future medical expenses, as in addition to pain and suffering and lost wages. These cases are similar to those that are filed in state courts under workers compensation laws, but have additional requirements. These cases also require specific rules and procedures, which require the attention of an attorney with experience in FELA litigation. Generally, anyone who works for a railroad is covered by the law. This includes those who have a regular job in interstate commerce, like train conductors and engineers brakemen, signalmen, as well as signalmen trainees. The law also applies to employees who aren't typically considered to be involved in interstate commerce. This includes contractors and office workers. In order to be eligible for a FELA claim, the worker must prove that their illness or injury was caused by their employer's negligence. Remember that the law doesn't necessarily mean that a railroad was negligent in all instances. It must be established that the employer breached his duty of care to the employee, for example in failing to provide safety equipment or proper training or creating a hazardous working environment. The law is founded on common tort laws and was first passed in 1908. It is a federal law however, it has had an impact on the state tort laws. In addition to FELA and other states, a lot of states have their own workers' compensation laws that cover those working in high-risk industries and jobs. FELA claims can be filed by railroad workers who have been injured at work, regardless of where the accident occurred. The families of railroad workers who have died are eligible to pursue the wrongful death claim well. It is a strict-liability law The Federal Employers' Liability Act is a strict-liability law that allows railroad employees to sue their employers for injuries they caused through their negligence. The FELA compensates injured workers and their family members. This is in addition to the benefits offered by workers law on compensation. In fela claims to be eligible for FELA the worker must prove that the injury was caused by the railroad's negligence or its failure to provide safe working conditions. The FELA also permits employees to sue for damages that are not covered by workers' comp, including suffering and pain. If an employee is guilty of contributory negligence the jury will reduce the amount they award by an amount proportional to their negligence. This is referred to as assumption of risk. It is a tort law The Federal Employers Liability Act (FELA) is a tort law that allows injured railroad employees to sue their employers for damages. It is a specialized field of law that has unique rules and procedures. A lawyer who is knowledgeable about FELA suits is required to help you. Unlike workers' comp laws that compensate regardless of fault, FELA requires proof that the negligence of the employer caused the accident or death. In 1908, Congress passed the FELA to address the danger of accidents at work for railroad workers. Workers' compensation laws were already in force in certain states, but they did not cover employees working for interstate commerce. The FELA dealt with this exclusion by liberalizing the state law regarding tort liability and allowing railroad workers injured to sue their employers for additional damages that are not covered by workers compensation. A worker can seek compensation under FELA if he is injured or killed due to the negligence of a driver. This includes negligence caused by the failure to provide safe conditions for workers or equipment, such as track or equipment that is defective. This includes failing to properly supervise and train workers. This also includes a violation of safety standards set forth by the Occupational Safety & Health Administration, or laws such as Locomotive Inspection Act or Railroad Safety Appliance Act. The FELA also provides for reimbursement of medical expenses, as well as other compensation. This is in addition to regular workers compensation. In the case of a worker's death the FELA will pay of compensation to the family members. In certain circumstances, this may include the spouse and children of the deceased employee. If you've been injured on the job as railway workers it is recommended that you consult an attorney who is knowledgeable about FELA immediately. Although the FELA provides up to 3 years from the date of your injury to pursue an action, it's essential to choose an attorney who can begin gathering evidence as early as possible. This is because the railroad begins collecting statements, documents, records and witnesses as soon as it receives notice of your injury. It is a law that is based on liability After a half-century of argument that they were more than mere industrial wage earners, railroad employees finally gained recognition in 1908 through the passing of the Federal Employers' Liability Act (FELA). The law, which exempts railroad employees from the state's worker's compensation programs, was crafted to ensure financial security for injured workers. In contrast to the statutes for workers' compensation which provide an amount of compensation regardless of the cause of an injury, FELA is a law founded on liability, which requires proof of negligence by railroad. It also abolishes the doctrine that allowed workers to claim that they were liable for the risks that came with their work. To qualify for FELA benefits a worker must meet the following conditions: Provide a safe and secure working environment. This could involve training workers or examining the workplace for dangers and unsafe conditions. Employers are also required to maintain equipment and ensure it is in good condition. In the event of a workplace accident that causes death, the spouses of survivors and children will be compensated. If the accident wasn't due to negligence, a jury will determine the amount of damages that will be awarded at the end of the trial.